BREAKING: Federal judge finds Obama amnesty is unconstitutional

The Washington Times ^ | December 16, 2014 | Stephen Dinan

[jazusamo]

A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.

Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.

“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote.

The judge also said the policy allows illegal immigrants “to obtain substantive rights.”

The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.

[Old Yeller]

Judge will reverse his decision once barry’s squad blackmails him.

[Darksheare]

I want to see the RINO pushers try to defend the GOPe continuing to try and push this crap down our throats.

[stephenjohnbanker]

Amen.

[baddog 219]

[stephenjohnbanker]

Where did you find this judge anyway, jazusamo ?

[MaxMax]

Eh? What are you talking about?

What do you think I'm talking about??

[Cboldt]

So what. Some other judge is going to rule the opposite.

[GilGil]

As a point of order, its “rinos” not “rhinos.” The first is republicans in name only. The second is a big creature found in Africa with a big horn on its nose.

[Sacajaweau]

Dear Judge: Eric said I could do anything I want...and he would defend me to the death.

[Cboldt]

The only issue in the case before the judge was deportation of an individual. The judge can talk about anything he wants, but his order only decides the case.

The case was not "Obama's EO is unconstitutional," and a finding that "Obama's EO is unconstitutional" in the context of this case is about as meaningful as a finding about who won the Superbowl in 2014. Nifty observation (or in the case of what the law or constitution says, "opinion" rather than observation), but irrelevant.

[DuncanWaring]

I want to see him booked on Dancing With The Stars.

Dancing the Tyburn Jig.

[trisham]

Thank you, God.

[WashingtonSource]

Thank you, Dear Lord! This should be the start of a judicial jujitsu aimed at eviscerating this evil President’s amnesty.

[WashingtonSource]

Not really. It’s the first judicial delcaration that the amnesty is unconstitutional. It’s a step in the right direction.

[gwgn02]

RINO. Republican In Name Only.

[beelzepug]

“Oh what will Boehner do, /ponders “

Order another drink, light up another smoke, and wait for his lip to stop quivering.

[HiJinx]

Ping!

Click the keyword Aliens to see more illegal alien, border security, and other related threads.

[jazusamo]

LOL! I’d never heard of him but I like him, he should be on SCOTUS. :-)

[stephenjohnbanker]

His reasoning is sound, that’s for sure.

[Nea Wood]

I demand that U.S. Federal Marshalls usher Mr. Obama out of the white house

Oh, be still my heart!